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Senate passes new COA panel bill

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The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.

By a 47-2 vote just before 7 p.m. Monday, senators passed Senate Bill 35 that would create a sixth Indiana Court of Appeals panel and increase the number of judges from 15 to 18 starting in January 2010. Sen. Vi Simpson, D-Bloomington, and Sen. James Lewis, D-Charlestown, voted against the legislation, though no one spoke against the bill on the floor.

Bill author Sen. Richard Bray, R-Martinsville - chair of the Senate Judiciary Committee that unanimously authorized this bill and also the leader of the Commission on Courts that's repeatedly recommended the panel's creation in past years - reminded his colleagues that this new panel of judges has been recommended for at least five years, and that it's inevitable and becomes more pressing each year.

"Each year we need it a little worse," he said, referring to a growing appellate caseload nearing 3,000 a year.

During a Senate Judiciary meeting in January, Chief Judge John Baker said the court achieved a clearance rate of 100 percent last year and maintains an average turnaround time for decisions of about 1 ½ months - two points that allows Indiana's intermediate appellate court to be able to say it's the most efficient court of its kind nationally.

While the court is doing well to keep up and the chief judge hasn't made any official request for more judges, both he and Bray said the need will eventually become critical as the ever-growing caseload continues but the judicial resources remain the same. If the General Assembly doesn't add more judges, Bray said the court will be left with options of writing fewer opinions, spending less time on cases, or decreasing the quality of its judicial work - none of those are legally desirable, he said.

"This may be subject to budget constraints and may not happen this year," he said. "But once again, we keep postponing the inevitable. If the fiscal people could find anyway to get this in, I think it would benefit our state, our legal system, and everyone."

A hurdle may arise for the legislation now that it moves to the Democrat-controlled House of Representatives: The bill's fiscal impact statement estimates spending $1.3 million the first year and $2.2 million thereafter, which could cause more legislative apprehension.

If the General Assembly passes the legislation and the governor signs it into law, the Judicial Nominating Commission would begin the selection process later this year, according to the proposal.

Reps. Linda Lawson, D-Hammond, and Kathy Richardson, R-Noblesville, have agreed to sponsor the appellate judge panel legislation in the House.

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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